Practice Direction 12J - domestic abuse and contact

What PD12J is

Practice Direction 12J sets out what the family court must do in child arrangements (contact/residence) cases where domestic abuse is alleged. Its purpose is to make sure the court deals with such cases in a way that protects the safety of the child and the parent who has experienced abuse, and that contact orders are only made when it is safe to do so.

The risk assessment at FHDRA

The First Hearing Dispute Resolution Appointment (FHDRA) is the first major hearing. Before and at it:

Cafcass (or the Welsh equivalent) carries out safeguarding checks with police and local authority, and speaks to the parties, before reporting to the court
The judge uses that safeguarding information to work out the nature and level of risk, and whether the case is suitable for conciliation or needs a different route
Where allegations of domestic abuse are admitted or accepted, the court considers whether the risk means a fact-finding hearing or other steps are needed before contact is promoted

How allegations change the court's approach

If abuse is alleged, the normal "encourage contact" approach is paused. The court must:

Treat the safety of the child and the abused parent as the priority
Not make a consent or undisputed contact order without considering the allegations
Decide whether findings of fact need to be made before any contact arrangements are fixed
Only make a contact order if satisfied that the child (and parent) will be safe — abuse causing harm to the child or a parent counts against contact being ordered

Fact-finding directions

Where allegations cannot be resolved, the court will often list a fact-finding hearing and give directions: the applicant files a schedule or statement setting out the allegations, the other party responds, evidence (statements, police/local authority records) is filed, and dates are fixed. Cafcass may be asked to advise. Findings are then made on the civil standard (balance of probabilities), and the case proceeds on the basis of what the court has found.

Safe contact options

If contact goes ahead, the court can order it in safer forms:

Supported contact — at a contact centre, staffed but not continuously observed; for lower-risk cases
Supervised contact — fully supervised by a professional at a contact centre or elsewhere; for higher-risk cases
Indirect contact — letters, cards, or gifts only, with no face-to-face meeting
Handovers at a neutral safe place, or through a trusted third party, can also be ordered

General information only, not legal advice.